Conflict of Laws Consumer Protection Alternative Dispute Resolution (ADR)

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It Is Now Easier To Draft Class Action Waivers and Arbitration Agreements

Last week, the California Supreme Court provided additional guidance as to how to draft an enforceable arbitration agreement and how Courts should analyze whether mandatory arbitration provisions can be held unconscionable...more

One Step Forward, One Step Back: Court of Appeal Denies Arbitration in Imburgia

Fresh on the heels of signs during the Iskanian oral argument that the California Supreme Court might at least partially fall in line behind the rule of Concepcion (subscr. req.), we received a reminder that arbitration...more

California Courts Rule for and against Arbitration

Two recent Ninth Circuit opinions and a California Supreme Court ruling demonstrate that the debate over the enforceability of consumer arbitration provisions is far from over. With the U.S. Supreme Court weighing whether to...more

Klussman v. Cross Country Bank

Klussman v. Cross Country Bank - Seminal CA choice of law consumer case

In Klussman v. Cross Country Bank, we asserted a very broad based attack on subprime credit card issuer Cross Country Bank's business practices. This published opinion was issued in response to a writ sought by Cross Country...more

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